NEW INDIA ASSURANCE CO LTD Vs. KAJAL CHAKRABORTY

JUDGEMENT

(1.) THE instant Civil Revision petition is filed by the petitioner, the New india Insurance Co. Ltd. through its Branch manager, Agartala Branch under Article 227 of the Constitution for setting aside the order dated 30-1-2009 passed by the learned member, Motor Accident Claims Tribunal, west Tripura, Agartala, Court No. 1 (for short 'claims Tribunal') in case No. Civil Misc. No. 73 of 2007 passed out of TS (MAC) No. 621 of 2002 whereby and where under the learned Member, Motor Accident Claims tribunal restored the suit No. TS (MAC) 621 of 2002 after condoning the delay of 679 days, which was dismissed for default on 23-9-2005 preferred by the petitioners, respondents herein under Section 166 of the motor Vehicles Act, 1988 (for short, 'the Act')claiming compensation due to the death of swapan Chakraborty, husband of Smt. Kajal chakraborty, claimant respondent No. 1 and the father of Sri Biswajit Chakraborty, claimant respondent No. 2, in a road traffic accident occurred on 13-3-2001.

(2.) HEARD Mr. A Lodh, learned counsel for the petitioner insurance company.

(3.) CONSIDERING the nature of the prayer and the question involved in the instant petition, the matter is taken up for decision and disposal at this motion stage as agreed to by the learned counsel for the petitioner-insurance company.